The scanning device, seen here, IDs people based on reflections of invisible beams of infrared light. (Source: Vehicle Occupancy L)

Washington road contractors have some innovative and perhaps intrusive traffic control strategies.

Civil contractor Transurban doesn't want Washington D.C.
drivers cheating its toll system -- so it is going
to scan them.

An expansion of a major Washington D.C. highway I-495, the Capital Beltway, is
planned to start next year. The highway loops around D.C. and crosses
through Maryland and Virginia suburbs.

The expansion plans to bring privately operated toll lanes to the table as an
alternative for commuters in rush hour traffic. The big perk is that
carpoolers will get to ride in these lanes for free under the current plan.

Enforcement though is a sticky issue; how to determine people from decoy
dummies or large dogs riding in the passenger seat? Rather than manually
policing the area, the companies owning the project have proposed using
technology that would scan drivers and passengers with bursts of infrared light
that detect the reflectivity of human skin.

Ken Daley, a senior vice president of one of the two companies contracted for
the project, says that the technology is so advanced that it can accurately ID
a human face from an animal such as a pet.

Transurban has given no word on whether the devices might also be used for
"national security" or other government purposes.

Washington D.C. drivers are not very happy about the proposal. They are
voicing their concerns to the government, raising uncertainty of whether the
project will be approved. Aside from the general discomfort with the idea
of being watched, they fear the move could be used against them legally or
monetarily.

Divorce courts could theoretically file for images of a route the husband or wife
might have taken to see where they were really going to. Employers could
do the same if they suspected an employee of using their sick days for
vacation. Worse yet, insurance companies could use the information to ID
drivers with long commutes and up their rates.

Ginger Goodin, an engineer at the Texas Transportation Institute, feels bad for
the concerned commuters. "[Commuters] feel a sense of privacy in their
vehicle, even though they may not really have it if you look at the legal cases,”
said Goodin. “[But] if they just can't stomach [scanning systems], then
they have their choice, right next to it, to use the general-purpose
lane."

The case is drawing attention as it may become an example by which other states
choose their policies. Maryland and Virginia both have planned expansions
on their books.

California and Colorado both have privately run toll roads that are currently
free to carpoolers. In California, police wait behind concrete blocks
ready to jet out and pull over offenders. In Colorado, they use a much
simpler system which simply has drivers peel off into a separate lane mid-trip
where they are visually checked to avoid payment.

The D.C. area contractors' moves will likely stir up a hornet nest of privacy
concerns. The issue is strikingly similar to the fears surrounding RFID
implants and the prospect of mandatory chipping. Last year Scott Silverman, Chairman of the Board of
VeriChip Corporation, who make the only FDA approved RFID
implant, proposed
a solution to the problem of illegal immigration -- mandatory microchipping
of guest workers and anyone found to be illegally dwelling in or trying to
enter the U.S. The previous day President Bush, whose former head of the Department of Health and Human
Sciences Tommy Thompson is currently serving on Verichip's board, had called
for "high-tech measures to solve the immigration problem."

There is significant pending and passed legislation that aims to protect constituents
from unwanted intrusion and scanning. As reported by DailyTech,
California's state Senate recently passed a bill banning companies or anyone
else from forcing a California citizen to be involuntarily microchipped.

These issues will not go away as technology becomes more and more entrenched in
our day to day lives. People will likely struggle with these complex
moral issues as they ponder whether the benefits of increased safety are worth
someone being able to watch them in their daily lives.

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Last time I checked (this morning, I suppose?), there are still red light cameras around the DC area and the VA Abusive Driver law that many of us are up in arms about is still in effect. So if they really are determined to see this through, I doubt complaining/petitioning is going to have much effect.

As far as the privacy issue, and the data collected being used in court cases like divorce proceedings, isn't that already an issue with the SpeedPass lanes that record when a car goes through?

I guess I've become a little jaded, but this scanner doesn't seem measurably worse than the various other driving irritations that Beltway drivers have to deal with. So, I'm sort of with OrSin as far as my "meh" reaction to this.

"This is about the Internet. Everything on the Internet is encrypted. This is not a BlackBerry-only issue. If they can't deal with the Internet, they should shut it off." -- RIM co-CEO Michael Lazaridis